Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-22

Resolred, That the Legislature of the State of
California, at its regular session, commencing
on the third day of January, A. ID. eighteen hun
dred and eighty-seyen, two-thirds of all the
members elected to each of the two Houses of
said Legislature voting in favor thereof, hereby
propose that Sections two and three of Article
VI, of the Constitution of said State, be
amended so as to read as follows:
SECTION 2. The Supreme Court shall consist of
seven Justices. The Associate Justices of the
Supreme Court, in Office at the time OF the adop-
ton of this amendment to the Constitution, are
hereby continued in Office as Justices OF the su-
preme Court for the remainder of the terms 10
which they were respectively elected. The JUS
tees shall elect one of their number to be Chief
Justice, and he shall hold the Office of Chief
Justice of said Court for a term of two years.
At the expiration of the term of the Chief Jus
tice first elected, and every two years thereafter
the Justices shall elect Chief Justice for like
term OF two years. An entry of the election of
such Chief Justice shall be made IN the MINUTES
Of the Court and signed by four Justices. When
ever thereafter vacancy occurs in the ONCE OF
Chief Justice, a like election shall be had to
fill such Office for the unexpired term. The Su
preme Court may sit in Departments or in bank
and shall always be open for the transaction Of
business. There shall be two departments de-
nominated respectively. Department One and
Department Two. The Chief Justice shall assign
three of the Justices to each department, and
snch assignment may be changed by him from
time to time. The Justices shall be competent to
sit in either department. and may interchange
with each other by agreement among them
selves or as ordered by the Chief Justice. Each
of the departments shall have the power to hear
and determine causes and all questions arising
therein, subject to the provisions hereinafter
contained in relation to the Court in bank. The
presence of three Justices shall be necessary TO
transact any business in either of the depart
ments, except such as may be done at cham
beIs, and the concurrence of two Justices shall
he necessary to pronounce judgment. The
Chief Justice shall apportion the business TO
hn = I'm m
order any cause pending before the Court to De
heard and decided by the Court in bank. The
order may be made before or after judgment
pronounced by department; but where cause
has been allotted to one of the departments and
a udgmert pronounced thereon, the ordermust
be made within thirty days after such Judgment,
and coneurred in by two Justices. and If so
made il shall have the effect to vacate and set
aside the judgment. Any four Justices may,
either before or after judgment by a depart
ment, order case to be heard in bank. If the
order be not made within the time above linn
tied, the Judgment shall be final. Ne Judgment
by department shall become final until the
expiration of the period OF thirty days a ore
said. unless approved by the Chief Justice, in
he Chief Justice may convene the Court in
bank at any time, and shall be the presid-
ing Justice of the Court when so con-
vened. The concurrence of four Jus
tees present at the argument shall be
necessary to pronounce a Judgment in bank
but il four Justices, so present do not concur in
a Judgment, tDen all the justices Quauneu 10 SIT
in the cause shall hear the argument; but to
render a Judgment a concurrence of four Judges
shall be necessary In the determination OF
causes all decisions of the Court in bank, or in
Departments, shall be given in writing, and the
grounds of the decision shall be stated. The
Chief Justice may sit in either department, and
shall preside when so sitting, but the Justices
assigned to each department shall select one of
their number as presiding Justice. In case of
the absence ofthe Chief Justice from the place
at which the Court is held, or his inability to
act, the Associate Justices shall select ore OF
their own number to perform the duties and eX-
ercise the powers o. the Chief Justice during
such absence or inability to act. The supreme
Court Commission, created by the Act OF the
Legislature approved March twelfth, efghtt en-
hundred and eighty-fye, shall continue and be
a Supreme Court Commission for four years after
the adoption of this amendment. Said Com
mission may be continued for slNh Time
passed by vote of two-thirds Of the
elected members of each House of the
Legislature, and approved by the Governor. |
The members thereof and Secretary shall be ap- |
pointed as in said Act provided and such Com |
missoners shall be subject TO removal in like |
manuer as Judges of the Supreme Court Said |
Commission shall have the same rover TO hear |
ana determine causes possessed by depart |
ment of the SUI RENE Court; and causes may be |
assigned to the Commission i'll the same man |
ner they are assigned to a department, and after |
decision they may be ordered heard in bank in |
the same way, and with like restrictions as If |
decided in department. The JUDGMENTS OF the |
Commission shall be entered as the judgments |
of the Court The Commission shall sit at such /
times and PAGES as may be designated by the |
Court, but such Commissioners shall not exer-
else any judicial functions except when Assem-
bled as Commission, and then they shall Only |
have the power TO hear and determine sucn
causes as may have been assigned to them.
SECTION s. The Justices of the Supreme Court
shall be elected by the qualified electors of the
ate at large, at the general State elections, and
the times and places at which State officers are
elected; and the term of Office shall be twelve
years from and after the firt Monday after the |
first day of January next succeeding their cleo
ton. Three Justices shall be elected for the full
term at the general State election held IN eight
cen hundred and ninety; and at the general cleo
ton held every fourth year thereafter, two
Justices shall be elected for full terms of twelve
years, except that in every twelfth year there
after three Justices shall be elected for full
terms. If the Chief Justice, or any Justice, be
comes permanently disqualified, either men
tally or physically, to perform the duties of his
Office and such fact is certified TO the Governor
by five Justices, one of whom may be the Chief
Justice in case of the disability of Justice, the
office of such disqualified person becomes i'm
vacant, and he shall be paid retir-
ing salary of two hundred and fifty ESQ dollars
per month for the remainder of his term. If n
vacancy exist or occur in the Office of Justice,
the Governor shall appoint person to hold the
Office for the remainder of the unexpired term.
The Governor shall appoint Justice TO hold
office as Justice for the unexpired term of the
late Chief Justice.